N. P. Singh, J. - (1.) The appellant met with an accident while travelling in an Ambassador Car (Registration No. MEQ 4583) on 20-5-1980 at about 8.30 A.M. near village Sirur on Karwar-Mangalore Road (National Highway No. 17) within the State of Karnataka. There was a head on collision between the car in which the appellant was travelling and the Motor Lorry (Registration No. MYS 7218). Because of the said collision, the driver of the car in which the appellant was travelling was thrown out and died on the spot, whereas the appellant was trapped between the dashboard and the seat. Mr. Nagarkatti who was also travelling with the appellant in the car was thrown on the road. The impact was so severe that the front left side of the door of the car was jammed and could not be opened. Seeing the accident, the villagers gathered and broke open the left side of the car with the help of crow bar and the appellant was taken out. The appellant was removed to the Kasturba Hospital where he was treated as indoor patient from 20-5-1980 to 27-5-1980. When the relations of the appellant reached the hospital, a decision was taken to remove the appellant to Bombay and accordingly on 27-5-1980 he was brought to Bombay and was admitted in the Sion Hospital. The appellant remained in the said hospital as indoor patient from 27-5-1980 to 2-8-1980. Because of the accident, the appellant suffered serious injuries resulting into 100% disability and paraplegia below the waist.
(2.) The car was owned by M/s. Pest Control (India) Pvt. Ltd., respondent No. 1 and was insured with New India Assurance Company Limited, respondent No. 2. The motor lorry was owned by one Madhav Bolar - respondent No. 3 and was insured by Oriental Fire and General Insurance Company Limited, respondent No. 4. According to the appellant, the driver of the car in which the appellant was sitting as well as the driver of the lorry which was coming from the opposite side, both were being driven in a rash and negligent manner which resulted into a head on collision. On 11-10-1980 the appellant gave notice to the Insurance Company and other parties who were liable to pay compensation and called upon them to pay compensation of Rs. 4,00.000/-. Since there was no response, on 13-11-1980 the appellant filed the claim petition under S. 110A of the Motor Vehicles Act, 1939 (hereinafter referred to as the 'Act'). Initially, the appellant made a claim for compensation amounting to Rs. 4,00,000/-, but on 16-4-1984 he claimed Rs. 35,00,000/- as the compensation from the respondents and claim petition was amended. The age of the appellant at the time of accident was 52 years.
(3.) The appellant was a practising advocate before the accident. He was also a Judge of the City Civil Court for some time until he resigned in the year 1964. The appellant used tp appear in the various courts including the High Court and the Supreme Court of India. Because of the accident, the appellant became disabled and he was unable to resume his practice.;